Legislative process

CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process, Liability, Poland

(Luiss Guido Carli University) and (University of Strasbourg)/ /1 Comment

This two-part blog post offers both an evaluation of the current regulatory challenge faced by MS implementing Art. 17 CDSMD after the CJEU’s ruling in Case C-401/19, as well as a fresh perspective on tackling the implementation challenge ahead. Part I of this post provides context to our analysis, explaining the need for a more…

Database right, Digital Single Market, European Union, Legislative process

(The University of Nottingham), (Institute for Information Law (IViR)), (London School of Economics), and (Institute for Information Law (IViR) )/

The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. 35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States….

CDSM Directive, Digital Single Market, European Union, Legislative process, Sweden

(Institute for Information Law (IViR))/ /Leave a comment

In this second post on the Swedish proposal for implementation of Article 17, I look at provisions explicitly concerning users of services. Whilst certain user safeguards are already embedded in the liability regime (Part 1), the Swedish Ministry of Justice goes the extra mile and proposes to comprehensively address user interests in the text of…

CDSM Directive, Digital Single Market, European Union, Legislative process, Sweden

(Institute for Information Law (IViR))/ /Leave a comment

As promised in an earlier contribution, I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. In this first post, out of two, I will address the proposed liability regime. The…

Database right, European Union, Legislative process

(Institute for Information Law (IViR))/ /Leave a comment

Last week the European Commission published its proposal for a Data Act. The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. As expected, the proposed Data Act introduces rules strengthening user access and portability…

CDSM Directive, Digital Single Market, European Union, Germany, Legislative process

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At the time that Directive 2019/790/EU (DSM Directive) was being developed, much media attention was focussed, over a period of many months, on the liability of online content sharing service providers for content uploaded by their users. Initially in Art. 13 and ultimately in Art. 17 of the DSM Directive, the Directive stipulates that online…

CDSM Directive, Digital Single Market, Enforcement, European Union, Infringement, Legislative process, Liability

(NORDEMANN)/ /Leave a comment

At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). But first let’s take a look at Mars (the…

CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

/ /1 Comment

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2022 to all of our readers, as well as reflect on developments in copyright over the past year. Despite its challenges, last year was another busy one in the copyright world, with ongoing European copyright…

Artificial Intelligence (AI), Case Law, CJEU, European Union, Jurisdiction, Legislative process, Private copying, Round-up

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. In this series, we update readers every three months on developments in EU copyright law. This includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important…

CDSM Directive, Digital Single Market, Germany, Hungary, Italy, Jurisdiction, Legislative process, Sweden

(University of Szeged, Hungary), (Institute of International Law, Intellectual Property and Technology Law, TU Dresden), (NOVA School of Law Lisbon), and (Institute for Information Law (IViR))/ /Leave a comment

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The transposition deadline has now passed. As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD)….